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What are the offences under this law (including punishments)?

    Home Health and Environment Water Pollution What are the offences under this law (including punishments)?
    NextPrevious

    What are the offences under this law (including punishments)?

    By Sikha | Water Pollution | 0 comment | 21 February, 2022 | 0
    Crime LawPunishment 
    Prohibition on use of stream or well for disposing polluting matter


















    Intentionally polluting or allowing the entry of poisonous, harmful, contaminating material into any stream, sewer or land1 Or Allowing the introduction of any matter that might obstruct the flow of the water or stream, which can make pollution worse as a cause or of its consequences2 is prohibited.
    Except if the State Government (after consultation with the State Board) has excused any persons from meeting these conditions. 3

     


    The punishment is jail time for one and half years up to six years, with fine. 4
    Failure to comply with the directions of the State Board When a person or industry fails to follow the directions that the the State Boards have given about: the flow of volume of discharge into the water stream and provide the information required5 the installation, construction or operation of a disposal system for any establishment for preventing and controlling water pollution 6The punishment is jail time for three months and fine upto Rs. 10,000, which if the failure to comply continues, attracts an additional fine of Rs. 5,000 per day.  7
    Failure to follow the any order of the Board with respect to emergency measure or a direction of the Courts 











    Other Acts
    Failure to abide by any order of the State Board for immediately restraining or forbidding a person from discharging poisonous, harmful or contaminating matter into a stream or well or land or making it unclean for use8
    Failure to follow an order of the Court for restraining polluting activities9
    Failure to follow any direction made by the Central Government about water pollution10
    If the failure to follow the above-mentioned orders and direction continues for more than one year, after the date of initial conviction. 11
    If a person-destroys, pulls down, removes, injures, demolishes any pillar, post or pole, that is fixed in the ground or any notice is placed upon it or any matter is inscribed on it or placed by it or is under the authority of the Board. or Obstructs any other person, who is performing the orders or directions of the Board, from exercising their functions under law. Damaging any property belonging to the Board. Fails to provide information required to any officer of the Board Fails to inform the Board or other agencies of any accident or incident which results in discharge of excess effluents into the water bodies. Fails to provide information required of them for the purposes of reducing and preventing water pollution or intentionally making false statements. Makes false statements about the discharge outlets and standards of effluents, to get the consent of the Board . 12
    The punishment is jail time for one year and six months, which might extend to six years with fine. An additional fine of Rs. 5000 per day, can also be levied if the failure to comply continues. 13





    The punishment is jail time for two to seven years, with fine. 14

    The punishment is jail time upto six months with a fine of Rs. 10,000.15
    Operation or establishment of an industry without the consent of the Board If an industry or its operations or any treatment or disposal plant is established without the prior permission of the State Board16, Or Any industry or process discharges sewage or effluents into the water stream or well or sewer or land, in excess of the standards laid down by the State Board and without the Board’s consent. 17

    The punishment is jail time of two to six years with fine18. Furthermore, a higher water cess can be levied. 19




    The punishment is jail time for one year and six months up to six years with fine.20 
    If a person is found guilty under this provision, more than once, then there would be stronger punishment for the second and every subsequent conviction.21
    Acts for which no punishment has been laid down by law Any other polluting acts or acts that contaminate water bodies or acts which restrict the prevention and control of water pollution or affect water purityThe punishment is jail time upto three months with a fine of Rs. 10000. On Continued contravention of law, an additional fine of Rs. 5000 will also be levied. 22
    Environmental pollution: pollution of air, water or landViolation of any provision of the Environmental Protection Act, 1986 i.e pollution of air, water or land or any harm to the environment.The punishment is jail time upto 5 years and a fine that may extend to one lakh rupees. Continued failure to comply with the law will lead to an additional fine of Rs. 5000 for every day of non-compliance.23
    Contaminating public spring or water reservoir If a person intentionally and voluntarily, contaminates or pollutes the water of a public spring or reservoir, in order to make it unfit for use or consumption 24))The punishment is jail time upto three months and fine upto Rs. 500 or both. 25
    Releasing of harmful pollutants  into the environmentReleasing harmful pollutants into the environment forms is inclusive of water pollution and forms part of the offence of public nuisance26The  punishment is a  fine of Rs. 500.27
    Engaging in activities that are harmful to the health and physical comfort of the community Operating industries and other processes that pollute water bodies and groundwater, and which  cause harmful health issues as well as discomfort to the people. This includes any conduct of any such trade or business that is harmful and causes imminent danger to the health of the people and threatens their physical discomfort.28An order under Section 133 Code of Criminal Procedure, 1973 for removal of nuisance can be passed by the Magistrate to stop such activities
    0
    1.  Section 24(1)(a), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    2.  Section 24(1)(b), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    3. Section 24(3),The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    4.  Section 43, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    5. Section 20(2), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    6. Section 20(3), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    7. Section 41(1), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    8. Section 32(1)(c),The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    9.  Section 33(2), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    10. Section 33A, The Water (Prevention and Control of Pollution) Act, 19[↩]
    11. Section 41(3), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    12.  Section 42, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    13.  Section 41(2), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    14.  Section 41(3), The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    15. Section 42, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    16.  Section 25, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    17. Section 26, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    18. Section 44,The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    19. Schedule II, The Water (Prevention & Control of Pollution) Cess Act, 1977.[↩]
    20. Section 45, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    21.  Section 45, The Water (Prevention and Control of Pollution) Act, 1974.[↩]
    22. Section 45A,The Water (Prevention and Control of Pollution) Act, 1974[↩]
    23. Section 15, Environmental Protection Act, 1986.[↩]
    24. ((Section 277, Indian Penal Code 1860. [↩]
    25. Section 277, Indian Penal Code 1860.[↩]
    26. Ratlam Municipality v. Vardhi Chandra, 1980 AIR 1622.[↩]
    27.  Section 290, Indian Penal code, 1860.[↩]
    28.  Section 133, Code of Criminal Procedure, 1973.[↩]
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    Nyaaya - India's Laws Explained
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    Andhra Pradesh

    Girl Child Protection Scheme

    The Girl Child Protection Scheme is aimed at preventing gender discrimination by empowering and protecting rights of girl children through direct investment from the State Government. It provides a number of incentives to promote the empowerment of the girl child:

    • In case of a single girl child she is entitled to receive Rs.1.00 lakh after completion of 20 years of age.
    • In case of two girl children, both of them are entitled to receive Rs.30,000/- each, after completion of 20 years age.
    • Both “single girl child” and “two girl children” are entitled to receive Rs1,200/- per annum as scholarship from 9th class to 12th class (including ITI course) during their period of study, as a benefit under the scheme.

    More information on this scheme can be found here.

    Bangaru Thalli Scheme

    Bangaru Thalli is a welfare scheme for girls launched by Government of Andhra Pradesh. The scheme supports the family of a girl from her birth till her graduation. All the Below Poverty Line white card holders are eligible for the scheme.

    Details of the scheme can be found in the Andhra Pradesh Bangaru Thalli Girl Child Promotion and Empowerment Act, 2013.

    Assam

    Manjoni Scheme

    Under this scheme, Rs. 5000 is deposited by the State Government at the time of the birth of a girl child and the girl would get the matured value of this fixed deposit when she turns 18. In order to be eligible for this scheme, the girl child must be born in a Government hospital and the family should have adopted the two child norm.

    More information on this scheme can be found here.

    Bihar

    Mukhyamantri Kanya Suraksha Yojana

    Under this scheme the girl child gets financial assistance from her birth till graduation amounting to a total of Rs. 51,000. The funds will be dispersed over a period of time upon attaining a certain age and completion of certain prerequisites:

    • At birth: Rs 2000
    • Age 1 upon issuance of Aadhar card: Rs. 1000
    • Age 2: Rs. 2000
    • Passing 12th grade: Rs. 10,000
    • Graduation: Rs. 25,000

    These benefits are available to only 2 girls in a family and residents of Bihar. Girls coming from financially weaker backgrounds will be given priority. To apply to this scheme, the parents can visit the anganwadi centres, fill the application form and submit the necessary documents to the anganwadi workers.

    Goa

    MAMTA scheme for girl child

    With a view of improving the female sex ratio of the State, under this scheme an amount of Rs. 10000/- will be paid to all the mothers who deliver a girl child  (maximum 02 deliveries) in a registered medical institution. Eligible mothers can apply to the Child Development Project Officer through the local Anganwadi Centre with a copy of the Birth Certificate within 45 days from delivering the child. The benefits are directly credited to the declared Bank Account.

    There is an online application for this scheme. More information on this scheme can be found here.

    Gujarat

    Kunwarbai Nu Mameru Yojana

    The Ministry of Women and Child Development of Gujarat has launched a scheme called Kunwarbai Nu Mameru Yojana that offers financial assistance of Rs. 10,000 to only one girl of a family. However, this scheme has been started specifically for the welfare of Scheduled Tribes and Scheduled Castes girls. Only those with an annual income limit of Rs. 1,20,000 (Rural areas) and Rs.1,50,000 (Urban areas) are eligible for this scheme.

    More information on this scheme can be found here.

    Haryana

    Laldi Scheme

    The Ladli Scheme of Haryana is meant to provide benefits to biological parents who have no son (biological or adopted) but only daughters. This scheme is only available to those who are either domicile of Haryana or working for the State government, whose gross annual income of the family does not exceed Rs. 2,00,000.

    The pattern of this scheme is similar to the Old Age Samman Allowance scheme for the families having only girl children. The enrolment of families under this scheme commences from the 45th birthday of the mother or the father whoever is older of the two till their 60th birthday i.e. for 15 years (Thereafter they will be eligible for Old Age Samman Allowance). The rate of allowance provided is Rs. 1,800 per month.

    More information on this scheme can be found here.

    Himachal Pradesh

    Indira Gandhi Balika Suraksha Yojana

    Under this scheme, the families adopting family planning methods after the birth of the first female child will be given a sum of Rs. 25,000 and those adopting family planning methods after the birth of two female children will be given a cash of Rs. 20,000.

    The health department of the Himachal Pradesh government also provides free of cost transportation either through taxi or ambulance for carrying pregnant women to the nearest hospital for delivery.

    Beti Hai Anmol Yojana

    Under this scheme, for all the families lying below the poverty line in Himachal and having one or two girls, a sum of Rs. 5100 will be deposited in the name of girls at the time of their birth. Moreover, to help in the education of such girls, scholarships ranging from Rs. 300 to Rs. 1500 will be given to them from class I to class XII.

    More information on this scheme can be found here.

    Jammu and Kashmir

    Ladli Beti Scheme

    Under this scheme, financial assistance of Rs. 1000 per month is made by the Government from the birth of the girl child / account opening date for the next 14 years. For this, zero balance accounts have already been opened in the Jammu and Kashmir Bank in respective localities. This is only applicable to girls born on or after 1st April 2015, and whose parental income is less than Rs. 75,000 per annum.

    More information on this scheme can be found here.

    Jharkhand

    Ladli Lakshmi Yojana

    Under this scheme, the State government offers a girl child from families below poverty line benefits of Rs. 1,80,600. An amount of Rs. 6,000 will be deposited annually into the girls account till she turns 5 years old. Further amounts will be added upon completion of higher education, marriage and so on, along with monthly allowances of Rs. 200 for girl students.

    Karnataka

    Karnataka Bhagyashree Scheme

    With the idea of raising the status of girl children and promoting their birth in the country, the Karnataka government has come up with the Karnataka Bhagyashree Scheme. The scheme provides financial assistance to the girl child in families that lie below the poverty line through her mother or father who is subject to the fulfilment of certain conditions.

    The government of Karnataka offers the following benefits to the eligible candidates of this scheme-

    • The girl child gets a health insurance cover of upto Rs. 25,000 per month
    • The child gets an annual scholarship of Rs. 300 to Rs. 1,000, depending upon her age upto 10th standard
    • The parents get Rs. 1 lakh in case of accident and Rs. 42,500 in case of natural death of the girl child.
    • On completing 18 years of age, the parents of the girl child would be paid Rs. 34,751.

    Along with this, there are certain interim payments such as annual scholarships and insurance benefits that the beneficiary can avail upon continued fulfillment of the eligibility criteria. The grant of such facilities promotes the birth of girl children in economically weaker families and raises their status within the society.

    Kerala

    Education Assistance to Women Headed Families

    The scheme proposes to extend a helping hand to these families by way of providing financial assistance to the education of children by the State government.

    More information on this scheme can be found here.

    Hey if you have any comments please add them below the explainer. If you have any questions on the law, you can use the ASK NYAAYA tab to submit them. This will help us improve our content based on your contribution. Thanks!
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